Section 1.11 Weight of the Evidence

• Library: Evidence 2017

2. (§1.11) Weight of the Evidence

The jury’s essential duty is to weigh the evidence presented and determine whether the elements of the claims submitted have been met in accordance with the applicable standard of proof. Resolving conflicts in the evidence and deciding witness credibility “is the role of the jury and not the function of the reviewing court.” State v. Silvey, 980 S.W.2d 103, 106 (Mo. App. S.D. 1998). “A ‘case may not be withdrawn from the jury unless there is no room for reasonable minds to differ.’” Washington ex rel. Washington v. Barnes Hosp., 897 S.W.2d 611, 615 (Mo. banc 1995) (quoting Gregory v. Robinson, 338 S.W.2d 88, 91...